BMB16 v Minister for Immigration & Border Protection

In the matter of BMB16 v Minister for Immigration & Border Protection, the Construction, Forestry, Mining and Energy Union (Union) sought judicial review of a decision made by the Full Bench of the Fair Work Commission (FWC). The Union argued that the Full Bench failed to properly consider certain grounds before the original decision-maker, which resulted in the quashing of an earlier decision. The Union sought a writ of certiorari to remove the proceedings to the Federal Court and a writ of mandamus to direct a Full Bench of the FWC to hear and determine the application according to law.

The legal issues before the court were whether the Full Bench had failed to properly consider certain grounds before the original decision-maker, and whether this failure was a ground of review. The Union argued that the Full Bench had failed to consider two specific grounds, namely that the relevant employees were not fairly chosen and that the Enterprise Agreement had not been genuinely agreed to. The Minister for Immigration & Border Protection argued that the Full Bench had not erred in failing to consider these grounds.

The court found that the Full Bench had indeed failed to properly consider the grounds before the original decision-maker. The court held that the Full Bench had erred in law by not considering these grounds, which were relevant to the decision-making process. The court held that this error was a ground of review and that the decision of the Full Bench should be quashed. The court issued a writ of certiorari to remove the proceedings to the Federal Court and a writ of mandamus to direct a Full Bench of the FWC to hear and determine the application according to law. The Union was successful in its application for relief.